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Software License Agreement

PLEASE READ THIS LICENSE CAREFULLY BEFORE USING HANDMARK SOFTWARE. BY USING THE HANDMARK SOFTWARE, YOU AGREE TO BECOME BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT USE THE HANDMARK SOFTWARE.

The Handmark software ("Software") provided along with this License, is licensed, not sold, to you by Handmark Software Incorporated ("Handmark") for use only under the terms of this License, and Handmark reserves any rights not expressly granted to you. You own the media on which the Software is recorded, but Handmark and its licensors retain ownership of the Software itself.

1. License. This License allows you to:

(a) Use one copy of the Software on a single computer at a time To "use" the Software means that the Software is either loaded in the temporary memory of a computer or installed on the permanent memory of a computer. You may install the Software on a common storage device which is accessible by multiple computers, provided that if more computers have access to the common storage device than the number of licensed copies of the Software, you must have some software mechanism which locks-out any concurrent users in excess of the number of licensed copies of the Software and additional license is not needed for the one copy of Software installed on the common storage device accessed by multiple computers)

(b) Make one copy of the Software in machine readable form solely for backup purposes. Additionally, only so long as the Software is installed only on the permanent memory of a single desktop computer which is not accessible by multiple computers and that single desktop computer is used by one user for at least 80% of the time the computer is in use, that same user may also make a copy of the Software to use on a portable or home computer which is primarily used by such user. As an express condition of this License, you must reproduce on each copy any copyright notice or other proprietary notice that is on the original copy supplied by Handmark.

(c) Permanently transfer all your rights under this License to another party by providing to such party all copies of the Software licensed under this License together with a copy of this License and the accompanying written materials, provided that the other party reads and agrees to accept the terms and conditions of this License.

2. Restrictions. The Software contains trade secrets in its human perceivable form and, to protect them, you may not REVERSE ENGINEER, DECOMPILE, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO ANY HUMAN PERCEIVABLE FORM. YOU MAY NOT MODIFY, ADAPT, TRANSLATE, RENT, LEASE, LOAN OR CREATE DERIVATIVE WORKS BASED UPON THE SOFTWARE OR ANY PART THEREOF.

3. Termination. This License is effective until terminated. This License will terminate immediately without notice from Handmark or judicial resolution if you fail to comply with any provision of this License. Upon such termination you must destroy the Software, all accompanying written materials and all copies thereof, and Sections 5, 6 and 7 will survive any termination.

4. Limited Warranty. Handmark warrants for a period of ninety (90) days from your date of purchase that the Software as provided by Handmark will substantially conform to Handmark's published specifications for the Software. Handmark's entire liability and your sole and exclusive remedy for any breach of the foregoing limited warranty will be, at Handmark's option, replacement of the media (if any), refund of the purchase price (based on fair market value of the Software) or repair or replacement of the Software. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY HANDMARK AND HANDMARK AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SOFTWARE AND ACCOMPANYING WRITTEN MATERIALS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

5. Limitation of Remedies and Damages. IN NO EVENT WILL HANDMARK OR ANY OF THE LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES OR AFFILIATES OF ANY OF ATARI, INC., OR THE FOREGOING BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION AND THE LIKE), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR ACCOMPANYING WRITTEN MATERIALS, REGARDLESS OF THE BASIS OF THE CLAIM AND EVEN IF HANDMARK OR A HANDMARK REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
Handmark's and its licensors' liability to you for direct damages for any cause whatsoever, and regardless of the form of the action, will be limited to the greater of $500 or the money paid for the Software (based on fair market value of the Software) that caused the damages.
THIS LIMITATION WILL NOT APPLY IN CASE OF PERSONAL INJURY ONLY WHERE AND TO THE EXTENT THAT APPLICABLE LAW REQUIRES SUCH LIABILITY BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CON-SEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6. General. This License will be construed under the laws of the State of Missouri, except for that body of law dealing with conflicts of law. If any provision of this License shall be held by a court of competent jurisdiction to be contrary to law, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this License will remain in full force and effect If you are a U S Government user then the Software is provided with "RESTRICTED RIGHTS" as set forth in subparagraphs (c) (l) and( 2) of the Commercial Computer Software Restricted Rights clause at FAR52227-19 o sub paragraph (c) (1) (ii) of the Rights in Technical Data and Computer Software clause at DFARS 52 277-7013, as applicable. Manufacturer: Handmark, Incorporated 105 East 5th Street, Suite 201, Kansas City, MO 64106.